Claimant v Ave Maria Care Ltd

Claimant succeeded in relation to removal of RS appointments, removal of SM appointments, removal of shift on 15 March 2023, and failure to pay for antenatal appointments. The Tribunal found these were done on grounds prescribed by s.47C ERA 1996, namely pregnancy. Failed on other allegations including not being permitted to return to work on 27 December 2022 (found to be due to respondent's general lack of responsiveness rather than pregnancy), ceasing to offer hours on 17/20 March 2023 (claimant was offered hours at Sutton branch), and issues with SSP and maternity pay breakdown (attributed to finance team error).

Claimant succeeded in relation to removal of SM appointments (witness evidence showed Mr Ahmed told client's mother it was because standing at sink was not good for pregnant woman), removal of shift on 15 March 2023 (followed pregnancy-related illness notification), and failure to pay for antenatal appointments on 27 February and 24 April 2023 (materially influenced by pregnancy). Failed on other allegations including move to Sutton branch (found to be reasonable health and safety measure under Management of Health & Safety at Work Regulations 1999), and finance issues (no facts to shift burden of proof).

Tribunal found claimant was not dismissed; she was offered hours at Sutton branch and therefore employment continued albeit on zero hours basis.

Tribunal found most communications relied upon were not protected acts as they did not contain allegations of discrimination under the Equality Act 2010. Only email of 4 May 2023 constituted a protected act. Acts complained of either pre-dated the protected act or, in relation to SSP and maternity pay breakdown, there was no evidence finance team had knowledge of protected act or that it had any influence on treatment.

Claimant not paid for antenatal appointments on 27 February 2023 (afternoon) and 24 April 2023 (during sick leave), and not paid correct amount of statutory sick pay from 24 March to 31 May 2023. These were sums properly payable to her as an employee entitled to paid time off for antenatal care and statutory sick pay.